Redefining of the creamy layer

Context

MPs have raised the issue during the Monsoon Session of Parliamentfor the proposal to revise the criteria to define the “creamy layer” among OBCs which has been pending for years.

What is the creamy layer?

• It is a concept thatsets a threshold for the OBC reservation benefits.
• While there is a 27% quota for the OBCs in government jobs and higher educational institutions but those falling within the “creamy layer” cannot get benefits of this quota.
• The reservation was given in vacancies in civil posts and services that are to be filled on direct recruitment, in 1990, on the recommendation of the Second Backward Classes Commission (Mandal Commission).
• After this was challenged, the Supreme Court in 1992 (Indira Sawhney case) upheld 27% reservation for OBCs that was subjected to exclusion of the creamy layer.

How the creamy layer is determined?

• The expert committee headed by Justice (retired) R N Prasad was constituted to fix the criteria for determining the creamy layer.
• On September 8, 1993, the Department of Personnel and Training (DoPT) listed out various categories of people of certain rank/status/income whose children cannot avail the benefit of OBC reservation.

Why the issue is raised?

• In Civil Service batches between 2015 and 2019, 63 candidates who were selected for IAS are not given appointments because “they were treated under creamy layer”.
• The income limit has been revised over the years,DoPT had stipulated that it would be revised every three years.
• The first revision since September 8, 1993 (Rs 1 lakh per year) was only on March 9, 2004 (Rs 2.50 lakh), in 2008 (Rs 4.50 lakh), May 2013 (Rs 6 lakh), and September 13, 2017 (Rs 8 lakh). It is now more than three years since the last revision.
• Though the provision of revision of income limit was subjected to revise after three years, it is not being followed by the Government and the revisions are made at larger intervals.